Disposed
Siyad v. State of Kerala
Kerala HCWP(C)/3338/2013
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from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
WEDNESDAY, THE 10TH DAY OF APRIL 2013/20TH CHAITHRA 1935
WP(C).No. 3338 of 2013 (N)
PETITIONER :
SIYAD, AGED 50 YEARS, S/O. ABDUL KHADAR, RESIDING AT 'ARAFA' CHITTATTUMUKKU P.O., MENAMKULAM VILLAGE THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU
RESPONDENT(S) :
1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.
2. DISTRICT SUPERINTENDENT OF POLICE THIRUVANANTHAPURAM-695001.
3. SUB-INSPECTOR OF POLICE KADINAMKULAM POLICE STATION THIRUVANANTHAPURAM DISTRICT-695582.
4. LEKHA, AGED 30 YEARS D/O. SARADA, SMRITHI BHAVAN, CHITTATTUMUKKU P.O. MENAMKULAM VILLAGE THIRUVANANTHAPURAM DISTRICT-695588.
5. LAIJU MEMBER, KADINAMKULAM PANCHAYATH THIRUVANANTHAPURAM DISTRICT-695582.
6. SASIDHARAN SMRITHI BHAVAN, CHITTATTUMUKKU P.O. MENAMKULAM VILLAGE THIRUVANANTHAPURAM DISTRICT-695588.
R1 TO R3 BY SR. GOVT. PLEADER SRI. P.A. MUHAMMED SHAH R4 TO R6 BY ADV. SRI.SUMAN CHAKRAVARTHY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 3338 of 2013 (N)
APPENDIX
PETITIONERS' EXHIBITS :
RESPONDENTS' EXHIBITS :
//TRUE COPY//
P.S. TO JUDGE
Mn
K.M.JOSEPH & K.RAMAKRISHNAN, JJ.
-----------------------------------------------------------W.P.(C) No.3338 of 2013 ----------------------------------------Dated, this the 10th day of April, 2013
J U D G M E N T
K.M.Joseph, J.
Petitioner has approached this Court seeking the following
reliefs:
“i). Issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 to 3 to grant adequate protection to the petitioner and his wife and their workers from the illegal activities of respondents 4 to 6.
ii). Direct the respondents 1 to 3 to take effective action as requested in Exhibit P3.”
2. Briefly put, the case of the petitioner is as follows:
Petitioner being the owner of an old building requires to prevent leakage of water through his roof due to its cracks so as to protect it from falling down. The 5th respondent, who is a local leader of the ruling party
W.P.(C) No.3338 of 2013 2
and member of local panchayat along with his sister and her husband want to prevent it, so that the building would fall down. That building is situated close to the residence of respondents 4 to 6 and if it is fallen down they would get more convenience to their activities. The petitioner approached the Circle Inspector of Police for a remedy. police tried to settle he issue, but the 5th respondent tried to attack him and showered obscene words on him. The police was compelled to register Ext.P1 case against him. Ext.P1 shows the character of respondents 4 to 6, who are capable of doing any unlawful activities. The petitioner, his wife and their workers are quite afraid of respondents 4 to 6 who may not dare to attack and endanger them. If they are not adequately protected by police their life would be in danger. Though Ext.P3 and other requests were preferred, the police is not acting properly. Hence, the petition.
We record the submission of the learned counsel for the party respondents that, there will be no threat to the life of the petitioner by the party respondents. Regarding construction of the building we are not expressing any view. That is a matter which is pending before the competent Civil Court and it is for the petitioner to seek remedies before
W.P.(C) No.3338 of 2013
3
the Civil Court.
The writ petition is disposed of as above.
(K.M.JOSEPH) JUDGE.
( K.RAMAKRISHNAN) JUDGE.
MS
Siyad
State of Kerala
District Superintendent of Police Thiruvananthapuram
Sub-Inspector of Police Kadinamkulam
Lekha
Laiju
K.M. Joseph
K. Ramakrishnan
As recorded by the court registry
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